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6 Va. 61

Daniel v. Maclins

Supreme Court of Virginia

Decided January 7, 1818

Supreme Court of Virginia · decided 1818-01-07

IN assumpsit, by .Tarnes Daniel, and .~nne his wife, against John B. JWaciin, and William W. JJfaclin, the declaration charged, that the defendants were indebted to the p1aintifi~ ~mne while sole, in the sum of ~ISS6 ~O cents, for 49~ barrels of corn, (being the proportion of corn, belonging to the said ./inne while sole, of a certain crop n~ade, in pursuance of the last Will of her lirst husband William .Maciin, upon the plantathrn whereon he resided at tihe time of his…

Decided 1818-01-07

Judge ROANB

¶1pronounced the Court's opinion.

¶2The Court is of opinion, that, although the appellants may have been entitled to the corn, in the declaration mentioned, and for the value of which this action was brought, under the true construction of the Will of W. .Maclin deceased, yet the female appellant having compromised her rights accruing under the said Will, by relinquishing this claim, and that with a full knowledge of all the circumstances, it was not competent t~ the appellants to set up the said claim thereafter; and that the law upon the demurrer to evidence is with the appellee& On this ground, the judgment is affiuined~

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